Judge Denies Defendant’s Request To Change Release Conditions

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A DC Superior Court judge denied a defendant’s request to modify the conditions of his pretrial release.

Noah Misbah is charged with possession with intent to distribute a controlled substance and distribution of a controlled substance for  allegedly selling Oxycodone pills to an undercover member of the Narcotics & Special Investigations Division of the Metropolitan Police Department on the 1800 block of Rhode Island Ave, NE on Oct. 11, 2019.

He was put on pretrial release, during which time he allegedly committed the same offenses again on Dec. 11, 2019.

Defense attorney Anthony Smith asked that his client be dismissed from home confinement and the High Intensity Supervision Program (HISP.) He said Misbah, 22, has been compliant with his release conditions for a substantial period of time, and he has a job.

Judge Danya Dayson disagreed, saying that Misbah is unable to comply with conditions that are less strict, given that he was re-arrested while on pretrial release. 

She also said the home confinement order did not interfere with Misbah’s ability to work or seek employment.

The Pretrial Services Agency (PSA) said the defendant’s home confinement order was previously replaced with a curfew from 10:00 p.m. to 6:00 a.m., which the defendant violated.

Misbah is scheduled for a trial readiness hearing on Oct. 13.